Where a sentencing judge expresses a 'tentative view' as to sentence but accompanies it with statements that the sentence is 'highly likely', invites counsel to 'persuade' the judge otherwise, and grants an adjournment specifically for instructions on the indicated sentence, the judge is obliged to warn counsel and afford an opportunity to make further submissions before imposing a longer sentence. The difference between a sentence of 3 years and over 3 years is not trivial because it changes the parole release mechanism from automatic to discretionary.
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